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Overview

Calfee provides clients with comprehensive and strategic environmental law advice based on our extensive knowledge and experience counseling clients in multiple business sectors. Our practical understanding allows us to address both immediate and longer-term environmental issues for clients. Calfee’s experience with both Ohio and the federal EPA allows us to provide clients with advice based on a clear understanding of how the resolution of these issues will affect their overall business objectives.

Our Environmental Practice is anchored by a former Director of the Ohio Environmental Protection Agency, who bolsters our in-depth knowledge of the environmental landscape with his insights.

We balance our specialized knowledge of various industries with our acquired business acumen to provide comprehensive and strategic counsel. Our environmental law attorneys address immediate environmental issues at hand – such as Ohio and federal permitting and compliance counseling, proposed rules and rule changes, and litigation concerns – while working with clients to ensure the best resolution of these issues to help clients meet their overall business objectives.

Our team's core strength stems from four differentiating areas:

  • We have in-depth knowledge of the entire environmental landscape, including from the insights of a former Director of the Ohio Environmental Protection Agency.
  • We are integrated within one of Ohio’s top business and litigation law firms, as ranked annually by Chambers USA Legal Guide.
  • Our environmental team can take on big companies with big environmental challenges, yet is focused enough to be nimble and flexible in our approach to advising clients of any size.
  • We are a leading firm for advice on site remediation programs including CERCLA, RCRA, and Ohio’s voluntary clean-up program.

Our Environmental Practice represents publicly and privately held corporations, municipalities, public agencies, and trade associations. Our clients are engaged in a variety of businesses including metals manufacturing and finishing, waste disposal and wastewater treatment, real estate development and lending, chemical and plastics manufacturing, industrial gases, paints and coatings, minerals and mining, power production, pipelines, and alternative energy developers.

Noteworthy

Chambers USA Leading Law Firm Rankings 

Calfee has been recognized by Chambers USA as a Leading Law Firm in Environment in Band 3 in Ohio (2023).

Clients interviewed by Chambers USA researchers stated, "Calfee has proven itself to be the A team every time – they exude professionalism at every level and are two steps ahead of the other side. The team is competent, personable, and works well together, complementing each other's strengths." 

Best Lawyers® “Best Law Firms” Rankings

Calfee was selected for inclusion in the 20243 "Best Law Firms" rankings in Environmental Law (Regional Tier 3 Columbus).

Professionals

Experience

Experience

Representative Clients

  • Americhem, Inc.
  • Carboline Company
  • Catholic Diocese of Cleveland
  • CIBC
  • City of Dayton, Ohio
  • DiGeronimo Companies
  • Dow
  • Ferro Corporation
  • Hemisphere Development
  • Independence Excavating
  • Kirker Enterprises, Inc.
  • LaFargeHolcim
  • L.D. Kichler
  • Linsalata Capital Partners
  • Morrison Products, Inc.
  • Neenah Foundry
  • Noble Environmental
  • Nucor Steel Marion, Inc.
  • Praxair, Inc.
  • RPM International Inc.
  • Rust-Oleum Corporation
  • Shelly & Sands, Inc.
  • State of Ohio
  • Sunoco, Inc.
  • Union Carbide Corporation

Representative Matters

  • Advised a Midwestern city on a dam removal project in 2023, which involved multi-jurisdictional grant agreements involving the U.S. Environmental Protection Agency, the State, and county and local governments on the multi-million-dollar project for the removal of the dam and the restoration of a river, which runs through a mid-sized city. The completion of the grant agreement was necessary for the project to move forward.
  • Advised a commercial real estate company that operates in seven states, on the 2022 purchase of property and the application for a multi-million-dollar Brownfield Grant from the Ohio Department of Development to redevelop a former industrial site. The receipt of the grant was key to closing the deal for the purchase of property from the former owner.
  • Advising a nonprofit limited liability company formed to reclaim a former quarry site to create a natural area on the revision of reclamation plans for the former aggregate mining operation, including obtaining an exemption from the Ohio Environmental Protection Agency to allow waste materials to be handled onsite. The exemption, obtained in 2022, and the revised reclamation plan were necessary for the project to proceed.
  • Negotiating individual orders for a Fortune 500 chemical corporation involving the remediation of the former disposal at several sites related to the client’s former facility. The sites include private residential property and industrial quarry properties. These are legacy sites, which remain on the client’s books until resolved. Two sites have been resolved thus far.
  • Advised a European multinational manufacturing company on compliance issues at its facility. The most recent matter has involved the negotiations of Administrative Orders with the Ohio Environmental Protection Agency.
  • Assisting a provider of natural gas and oil with the response to the USEPA Request for Information Pursuant to Section 114 of the Clean Air Act. Specifically, Calfee advises the client’s in-house counsel and technical staff as it prepares responses to the Request for Information. Requests for Information are frequently followed by enforcement actions on the part of USEPA. The preparation of the responses must take this possibility into consideration.
  • Serving as the lead Environmental counsel for an industry leader in challenging site development and construction, advising the client and its joint venture partners on the purchase and redevelopment of two major automobile plants. Environmental remediation will be the key to the redevelopment of the two properties.
  • Serving as the advising Environmental counsel for a group of remediating companies including a subsidiary of a publicly traded, Fortune 500 manufacturing client company in a CERCLA Superfund matter wherein the U.S. Environmental Protection Agency changed the remedy for the site after years of remediation and millions of funds spent in cleanup.
  • Advised the owners of an event venue and inn and interfaced with the Ohio Environmental Protection Agency on a stream stabilization project. A stream on the client’s property was eroding the base of the elevated property, which has a restaurant located at the top of a ledge. A power line tower located in the stream complicated the work on bank stabilization.
  • Serving as the advising administrative environmental defense counsel for a manufacturer engaged in a consent decree and closure and post-closure remediation of soil and groundwater related to a historical underground storage tank. The consent decree requires the proper remediation, closure, and post-closure work done to avoid civil and stipulated penalties.
  • Representing a manufacturing client in an Environmental due diligence transactional matter involving the client company’s acquisition by a family investment firm. The representation involved the asset sale of the 100-year-old family owned company client and the facility. The client relied on the due diligence to complete the end of generational ownership needed for the successful sale of the company in 2023.

Clean Air Act

Clean Air Act

Calfee’s Environmental Law attorneys are experienced in representing large and small companies on Clean Air Act issues. Our clients’ operations range from steelmaking to manufacturing of chemicals and coatings, metal containers, tires, medical devices, and hot-mix asphalt to hazardous waste treatment, storage, and disposal. Regardless of the industry, our experience allows us to assist clients with all of their Clean Air concerns – whether proactive or reactive action is necessary.

We help clients respond to questions involving major and minor source permitting issues, permit appeals, agency inspections, and requests for information. We also defend Clean Air Act judicial and administrative enforcement actions. Our areas of expertise include Title V, National Emission Standards for Hazardous Air Pollutants, New Source Review/Prevention of Significant Deterioration, State Implementation Plans, and Stratospheric Ozone.

Representative Experience

  • Advise a publicly traded manufacturer of steel and steel products on a variety of Clean Air Act compliance issues, including permitting requirements for the installation of new equipment, stack testing, and continuous emission monitoring.
  • Negotiated settlement of enforcement action that alleged a hot-mix asphalt plant had failed to apply for a Prevention of Significant Deterioration (PSD) permit. Under the settlement, the company was able to avoid PSD permitting.
  • Represent various asphalt plants in challenges to Permits to Install challenging the permits’ imposition of separate emission limits based upon individual fuel types, as well as a number of ancillary issues.
  • Represent a closely held pharmaceutical manufacturer against allegations of violating the Clean Air Act provisions limiting the use of ozone-depleting substances.
  • Defended a manufacturer of steel castings for various heavy industrial uses against allegations of a civil violation of the Clean Air Act, as well as a related criminal investigation.
  • Defended a hazardous waste treatment, storage, and disposal facility against an allegation that it had failed to obtain a Title V permit.

Clean Water Act

Clean Water Act

Calfee’s Environmental Law attorneys have extensive knowledge of state and federal water regulatory issues and water quality standards. We counsel companies and municipalities to keep them compliant on all issues related to the Clean Water Act, including Sections 401 and 404 and Ohio isolated wetland permit counseling and negotiation, municipal combined sewer and sanitary sewer overflows control plans, water quality standards, National Pollutant Discharge Elimination System (NPDES), and defense of enforcement cases and administrative appeals related to NPDES permits, injection well permits, and 208 Plans.

Representative Experience

  • Representing municipalities in defense of U.S. EPA enforcement proceedings and consent decree related to SSO/CSO and various sanitary sewer tie-in issues.
  • Represented a privately held public drinking water system in adjudication proceedings before the Ohio Environmental Protection Agency.
  • Successfully defended a municipality in an administrative permit appeal related to compliance with state water quality plans.
  • Represented a municipality in a challenge to Permits to Install sanitary sewer extensions involving state water quality plan compliance and annexation issues.
  • Successfully defended and resolved a state enforcement action against a public land owner on issues related to discharges to waters of the State.
  • Counseled and resolved enforcement action related to compliance with Ohio injection well permits for a private entity.
  • Counseled and assisted private and public clients in obtaining Section 404 permits, Ohio isolated wetlands permits, individual and general NPDES permit coverage, and injection well permits.

News & Events

News

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Practice Contact

Calfee's Environmental team is known as an "experienced practice with a wealth of expertise in environmental litigation, compliance and permitting. Noteworthy experience representing clients in matters involving hazardous waste, site remediation, and cleanup. Also assists clients with the environmental aspects of transactions."

Chambers USA

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